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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Rizqy Dini Fernandha
Universitas Tarumanagara
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JURIDICAL ANALYSIS OF THE LEGAL CONSIDERATIONS OF THE PANEL OF JUDGES ON THE AMOUNT OF DEBT AS GROUNDS FOR REJECTING A BANKRUPTCY PETITION Rizqy Dini Fernandha; Richard Chandra Adam
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 4 No. 3 (2024): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v4i3.2169

Abstract

The Bankruptcy Law specifies the requirements for filing a bankruptcy petition. However, its implementation does not always align with the applicable regulations. For example, in Decision Court Number 37/Pdt.Sus-Pailit/2021/PN.Niaga.Jkt.Pst, the court rejected the entire petition despite the formal and substantive conditions being met, as the debt amount was less than IDR 500,000,000. This decision contradicts Supreme Court Regulation Number 4/19, which allows for bankruptcy through a simple lawsuit. This research employs a normative juridical method with a statute and case approach. The findings indicate that Article 50 of the Judiciary Law affirms that court decisions must contain the reasoning and legal provisions upon which they are based. Judges are obliged to provide reasoning aligned with legal provisions and are prohibited from imposing debt value limitations as a basis for rejecting bankruptcy petitions since the Bankruptcy Law does not specify a minimum debt amount.
Co-Authors Richard Chandra Adam